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2020 Supreme(Ker) 720

P. S. Lalu, S/o. Sahadevan (Late) – Appellant
Versus
State of Kerala, Represented by The Secretary, Agriculture Department, Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: Sri. Avaneesh Koyikkara, Sri. Lindons C. Davis.
For the Respondent: Sri. K.J. Manuraj, GP.

JUDGMENT :

The petitioner holds an item of land measuring 4.05 Ares within the limits of Kadungalloor Village. The land of the petitioner is included in the draft data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act). Although the land of the petitioner is shown in the revenue records as paddy land, the case of the petitioner is that the same was one lying as dry land when the Act came into force and therefore, the same ought not have been included in the data bank prepared under the Act. The petitioner, therefore, preferred Ext.P2 application before the fifth respondent, the Local Level Monitoring Committee (the LLMC) constituted under the Act for removal of his land from the data bank. The grievance voiced by the petitioner in the writ petition concerns the inaction on the part of the LLMC in considering Ext.P2 application. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

2. Heard the learned counsel for the petitioner as also the learned Government Pleader.

3. The learned Government Pleader submitted that after the amendment to sub-rule (4) of Rule 4 of the Kerala Conservation of Paddy Land and Wet

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